Amendments proposed to the Serious Organised Crime and Police Bill, As Amended - continued | House of Commons |
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Mr Secretary Clarke 142 Page 171, line 11 [Schedule 7], at end insert
Mr Secretary Clarke 143 Page 175, line 18 [Schedule 7], at end insert
Other amendmentsGame Laws (Amendment) Act 1960 (c.36)
Immigration Act 1971 (c.77)
Customs and Excise Management Act 1979 (c.2)
This paragraph has the same extent as that Act.
Animal Health Act 1981 (c.22)
(a) in subsection (2), after "applies" insert "for the purposes of section 17(1)(caa) of the Police and Criminal Evidence Act 1984",
(b) for the heading substitute "Powers of entry and search in relation to rabies offences".
Wildlife and Countryside Act 1981 (c.69)
This paragraph extends also to Scotland.
Aviation Security Act 1982 (c.36)
This paragraph has the same extent as that Act.
Police and Criminal Evidence Act 1984 (c.60)
(a) for paragraph (c)(iiia) substitute "(iiia) section 4 (driving etc. when under influence of drink or drugs) or 163 (failure to stop when required to do so by constable in uniform) of the Road Traffic Act 1988; (iiib) section 27 or 29 of the Transport and Works Act 1992 (which relate to offences involving drink or drugs and to associated breath tests);",
(b) after paragraph (ca) insert
Road Traffic Act 1988 (c.52)
"(2) A member of the provost staff may arrest a person for the time being subject to service discipline without warrant if he has reasonable cause to suspect that that person is or has been committing an offence under section 4. (2A) The power conferred by subsection (2) is exercisable outside as well as within Great Britain." This paragraph has the same extent as section 184 of that Act.
Aviation and Maritime Security Act 1990 (c.31)
This paragraph has the same extent as that Act.
Deer Act 1991 (c.54)
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.19)
(a) in section 2 (entering U.K. without passport, etc.), in subsection (10), for "a constable or" substitute "an",
(b) in section 35 (deportation or removal: cooperation), in subsection (5), for "a constable or" substitute "an".
Gangmasters (Licensing) Act 2004 (c.11)
(a) in section 14 (offences: supplementary), in subsection (1), for "section 24(4) and (5)" substitute "section 24A",
(b) in Schedule 2 (application of Act to Northern Ireland), in paragraph 14, for "section 24(4) and (5)" substitute "section 24A". This paragraph has the same extent as that Act.'.
Mr Secretary Clarke 51 Page 175, line 30 [Schedule 8], leave out 'relevant licensing offences or relevant byelaws' and insert 'or relevant licensing offences'.
Mr Secretary Clarke 52 Page 176, line 6 [Schedule 8], at end insert
(a) a designation applies this paragraph to any person ("the CSO"); and
(b) by virtue of the designation the CSO has the power to impose a requirement under sub-paragraph (2) in relation to an offence under a relevant byelaw, the CSO shall also have any power a constable has under the relevant byelaw to remove a person from a place.'.
Mr Secretary Clarke 169 Page 189, line 29 [Schedule 11], leave out 'Subject to subsection (2) below,'.
Mr Secretary Clarke 170 Page 189, line 37 [Schedule 11], leave out from beginning to end of line 2 on page 190.
Mr Secretary Clarke 171 Page 192, line 21 [Schedule 11], leave out '(4)(a)' and insert '(4)'.
Mr Secretary Clarke 172 Page 193, line 33 [Schedule 11], at end insert
'Part 2Northern Ireland
"36ZA Parental compensation orders (1) A magistrates' court may make an order under this Article (a "parental compensation order") if on the application of a person of a description specified for the purpose in an order made by the Secretary of State (referred to in this Article and in Articles 36ZB and 36ZC as the "applicant") the court is satisfied, on the civil standard of proof
(2) The condition is that the child has taken, or caused loss of or damage to, property in the course of
(3) A parental compensation order is an order which requires any person specified in the order who is a parent or guardian of the child to pay compensation of an amount specified in the order to any person or persons specified in the order who is, or are, affected by the taking of the property or its loss or damage. (4) The amount of compensation specified may not exceed £5,000 in all. (5) The Secretary of State may by order amend paragraph (4) so as to substitute a different amount. (6) For the purposes of collection and enforcement, a parental compensation order is to be treated as if it were a sum adjudged to be paid on the conviction by the magistrates' court which made the order of the person or persons specified in the order as liable to pay the compensation. (7) An order under paragraph (1) or (5) is subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c.36) applies to such an order. 36ZB Parental compensation orders: the compensation (1) When specifying the amount of compensation for the purposes of Article 36ZA(3), the magistrates' court shall take into account
(2) If property taken is recovered before compensation is ordered to be paid in respect of it
(3) The court shall specify in the order how and by when the compensation is to be paid (for example, it may specify that the compensation is to be paid by instalments, and specify the date by which each instalment must be paid). (4) For the purpose of ascertaining the means of the parent or guardian, the court may, before specifying the amount of compensation, order him to provide the court, within such period as it may specify in the order, such a statement of his financial circumstances as the court may require. (5) A person who without reasonable excuse fails to comply with an order under paragraph (4) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (6) If, in providing a statement of his financial circumstances pursuant to an order under paragraph (4), a person
he is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (7) Proceedings in respect of an offence under paragraph (6) may, despite anything in Article 19 of the Magistrates' Courts (Northern Ireland) Order 1981 (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months of its first discovery by the applicant, whichever period expires earlier. (8) Paragraphs (1)(e) and (4) to (7) do not apply in the case of an order specifying an authority as liable to pay the compensation. 36ZC Parental compensation orders: supplemental (1) Before deciding whether or not to make a parental compensation order in favour of any person, the magistrates' court shall take into account the views of that person about whether a parental compensation order should be made in his favour. (2) Before making a parental compensation order, the magistrates' court shall obtain and consider information about the child's family circumstances and the likely effect of the order on those circumstances. (3) Before making a parental compensation order, a magistrates' court shall explain to the parent or guardian of the child in ordinary language
(4) A magistrates' court which has made a parental compensation order may make an order under paragraph (5) if while the order is in force
(5) An order under this paragraph is an order discharging the parental compensation order or varying it
(6) Where an application under paragraph (4) for the discharge of a parental compensation order is dismissed, no further application for its discharge shall be made under that paragraph by any person except with the consent of the court which made the order. (7) References in this Article to the magistrates' court which made a parental compensation order include any magistrates' court acting for the same county court division as that court. 36ZD Parental compensation orders: appeal (1) If a magistrates' court makes a parental compensation order, the parent or guardian may appeal against the making of the order, or against the amount of compensation specified in the order. (2) The appeal lies to the county court. (3) On the appeal the county court
(4) Any order of the county court made on an appeal under this Article (other than one directing that an application be re-heard by a magistrates' court) shall, for the purposes of Article 36ZC, be treated as if it were an order of the magistrates' court from which the appeal was brought and not an order of the county court. (5) A person in whose favour a parental compensation order is made shall not be entitled to receive any compensation under it until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside. 36ZE Effect of parental compensation order on subsequent award of damages in civil proceedings (1) This Article has effect where
(2) The damages in the civil proceedings shall be assessed without regard to the parental compensation order, but the claimant may recover only an amount equal to the aggregate of the following
(3) The claimant may not enforce the judgment, so far as it relates to such a sum as is mentioned in paragraph (2)(b), without the leave of the court."
""parental compensation order" has the meaning given by Article 36ZA(1);".
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